Agenda item

Construction of park and ride facility to create 1,250 vehicle car park space with associated access and passenger terminal building, wind turbine and open space. [Dringhouses and Woodthorpe Ward] [Site Visit]

 Consideration was given to a major full application, submitted by Mr Paul Thackray for the construction of a park and ride facility to create 1,250 vehicle car park space with associated access and passenger terminal building, wind turbine and open space.

 

Officers updated Members with the following points:

 

• The Yorkshire Wildlife Trust raised no objections to the proposal but sought reassurance that the drainage scheme would not impact upon the Askham Bog SSSI. They also hoped that the management of the new areas of habitat would be adequately funded and supported;
• The Environmental Protection Unit and the Environment Agency had now responded in detail to the proposal. They raised no objections to the development but they wished to see a number of additional conditions attached to any permission (it is recommended that Conditions 14 and 15 of the Committee report be replaced by the following five conditions):

 

 

1.   Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts a to c of this condition have been complied with:

 

a. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i)                 a survey of the extent, scale and nature of contamination (including ground gases, where appropriate);

(ii)               an assessment of the potential risks to:

            • human health,

            • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

            • adjoining land,

            • groundwaters and surface waters,

            • ecological systems,

• archaeological sites and ancient monuments;

(iii)             an appraisal of remedial options, and proposal of the preferred option(s).

             

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

b. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

c. Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

2.   In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of the previous condition, and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the previous condition.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

3.   A monitoring and maintenance scheme, to include monitoring the long-term effectiveness of the gas protection system and the provision of reports on the same, must be prepared and is subject to the approval in writing of the local planning authority. On completion of the monitoring programme a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

4.   Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

 

Reason: The protection of shallow groundwater, and the nearby Askham Bogs.

 

5.   Development shall not begin until a surface water drainage scheme for the site, based upon sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

The scheme should include:

i)                    Details of existing and proposed surface water run off rates.

ii)                  Details of the proposed attenuation storage. The design should ensure that storm water resulting from a 1 in 100 year event although surcharging the drainage system can be stored on the site without risk to people or property and without overflowing into the watercourse.

iii)                An additional 20% shall be included in any calculations to take into account climate change.

iv)                Details of how the scheme shall be maintained and managed after completion.

       

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity and ensure maintenance of the surface water drainage system.

·        The Highways Agency had responded following receipt of further assurances relating to traffic modelling and subsequent operation of the roundabout, controlling of the combined cycle/footway crossing of the free left slip into the P&R site and minimisation of queuing to enter the P&R site at the barriers.

 

No objections were raised subject to inclusion of the following conditions:-

 

1. Prior to commencement of works on site, details of vehicular access arrangements, including barrier locations, shall be submitted to and agreed in writing by the Local Planning Authority after consultation with the Highways Agency.

 

Reason: In the interests of highway safety

 

2. Prior to commencement of works on site details of all proposed signage (including VMS) shall be submitted to and agreed in writing by the Local Planning Authority after consultation with the Highways Agency.

 

Reason: In the interest of highway safety.

 

An informative was also requested relating to modelling works on the operation of the barrier system.

 

·        With regard to concerns expressed by Councillor Merrett, the scheme had been amended from that originally formulated to reduce the extent of the diversion of the pedestrian/cycleway from approximately 60 metres to around 10m. Further  information had also been obtained in relation to the use of the left slip into the site, which suggested that 60 vehicles per hour would use this slip road, allowing sufficient opportunity for pedestrians and cyclists to cross the access. Also measures to control the speed of vehicles along this carriageway would be included.

 

·         Condition 2 would require amendment to refer to the more up to date drawings 0797/AB/01 – 03 instead of Drawings 0863-01 – 03.

 

·        The following plans were circulated:

-         General context plan

-         Treatment of the SINC area

-         Proposed layout

-         Elevation of the terminal building and waiting area

-         Elevations and details of the wind turbine

-         Details of the parking proposals and cycle lockers.

 

Officers reported that Councillor Merrett’s comments in paragraph 3.14 of the report had not been reproduced in full as he had also raised concerns in relation to the cycle route access to the site. Officers confirmed that this point would be examined at the detailed design stage and that the applicant was aware of the need to incorporate a cycle safe crossing point with the necessary restrictions.

 

Representations in support of the application were made by the applicant’s agent. She confirmed that a comprehensive assessment of potential sites and extensive consultation had been undertaken prior to making this application within the Green Belt. She pointed out that the provision of park and ride facilities were considered appropriate development with the Green Belt.

 

Officers reported that Councillor Reid had confirmed her support for the proposals as this had proved to be a popular scheme with residents and she made reference to community orchards and the possibility of introducing appropriate fruit trees on the site.  

 

Members questioned and commented on the following points:

 

·        Number and position of cycle lockers;

·        Landscaping details and the need to retain a balance between screening and the openness of the site;

·        Positioning of the disabled parking bays in relation to the terminal building;

·        Commitment to collection and drop off point at existing terminus and the safety of pedestrians;

·        Operation of the site barriers;

·        Cycle route design in relation to access/slip road;

·        Wind turbine and its possible distraction to drivers.

 

Officers confirmed that a number of these points would be taken into account at the detailed design stage of the scheme.

 

Members confirmed that they welcomed the scheme, which they felt had been sensitively designed and would prove to be an exemplar of sustainability and assist in reducing traffic in the centre of the city.

 

RESOLVED:                         That the application be approved subject to the conditions listed in the report, including the deletion of Conditions 14 and 15 and the following additional and amended conditions and informative: ^1.

 

Amended Condition 2: The development hereby permitted shall be carried out only in accordance with the following plans:-

 

Drawing Refs: CBHAEL500/01 Rev B, HE_DEC08010353_001, HE_DEC08010353_007A, HE_DEC08010353_008, HE_DEC08010353_009, HE_DEC08010353_010, HE_DEC08010353_011, 0797/AB/01, 0797/AB/02, 0797/AB/03 Date Stamped 7th July 2009.

 

or any plans or details subsequently agreed in writing by the Local Planning Authority as amendment to the approved plans.

 

Additional Conditions:

 20. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts a to c of this condition have been complied with:

 

a. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i)               a survey of the extent, scale and nature of contamination (including ground gases, where appropriate);

(ii)              an assessment of the potential risks to:

            • human health,

            • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

            • adjoining land,

            • groundwaters and surface waters,

            • ecological systems,

• archaeological sites and ancient monuments;

(iii)                          an appraisal of remedial options, and proposal of the preferred option(s).

             

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

b. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

c. Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

21. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of the previous condition, and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the previous condition.

 

22. A monitoring and maintenance scheme, to include monitoring the long-term effectiveness of the gas protection system and the provision of reports on the same, must be prepared and is subject to the approval in writing of the local planning authority. On completion of the monitoring programme a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority.

 

23. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

 

24. Development shall not begin until a surface water drainage scheme for the site, based upon sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

The scheme should include:

i)          Details of existing and proposed surface water run off rates.

ii)         Details of the proposed attenuation storage. The design should ensure that storm water resulting from a 1 in 100 year event although surcharging the drainage system can be stored on the site without risk to people or property and without overflowing into the watercourse.

iii)        An additional 20% shall be included in any calculations to take into account climate change.

iv)        Details of how the scheme shall be maintained and managed after completion.

 

25. Prior to commencement of works on site, details of vehicular access arrangements, including barrier locations, shall be submitted to and agreed in writing by the Local Planning Authority after consultation with the Highways Agency.

 

26. Prior to commencement of works on site details of all proposed signage (including VMS) shall be submitted to and agreed in writing by the Local Planning Authority after consultation with the Highways Agency.

 

INFORMATIVE:

The operation of the barriers will require modelling at the detailed design stage, the submission of this for approval by the Highways Agency as per condition 25. Consideration needs to be given at the detailed design stage as to contingencies in the event of barrier failure/human error prolonging the amount of time for a vehicle to clear the system. The closing arrangements on the entry slip will also require the Highways Agency’s approval prior to implementation and first use of the site.

 

 

REASON:                              In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to impact of the proposals on the open character and purposes of designation of the Green Belt, impact of the proposal upon the Askham Bog SSSI, the inclusion of a potential SINC within the development site, proposed hard and soft landscaping associated with the scheme, use of sustainability principles in the design of the scheme particularly in relation to the Terminal Building and associated wind turbine, treatment of possible land contamination within the site, design of the proposed surface water drainage system and design of the access to the site. As such the proposal complies with Policy YH9 and Y1C of The Yorkshire and Humber Plan, policies GP1, GP3, GP4a), GP6, GP9, GP11, NE7, NE5a) T6 and GB1 of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance note 2 'Green Belts'.